JUDGEMENT
Raghvendra Singh Chauhan,J. -
(1.)The petitioner has challenged the legality of the proceedings dated 24.08.2020, whereby the Director of Medical Education, the respondent No.3, has directed the Superintendent of the Government General and Chest Hospital, the respondent No.7, to call for new tenders for diet contract for supply of food/diet at the said Hospital, and to terminate the petitioner's contract soon after the new diet contractor is appointed.
(2.)Briefly, the facts of the case are that the petitioner claims that for the last twenty years, he has been catering to the dietary requirements of patients, and doctors in different hospitals. In 2019, he not only bid for the diet contract for the Gandhi Hospital, but also by agreement dated 16.09.2019, he was granted the diet contract for a period of two years commencing from 01.10.2019 to 30.09.2021. Eversince 01.10.2019, he has been looking-after the dietary requirements of the patients, doctors, and other staff members of the Gandhi Hospital.
(3.)While the petitioner was discharging his responsibilities as the diet contractor, one Dr. P. Bhagavantha Rao, filed a Public Interest Litigation (PIL), namely W.P. (PIL) No.149 of 2020, wherein Dr. Rao claimed that the petitioner was granted the diet contract at the Niloufer Hospital. However, the Press Reports in November, 2019 clearly indicated that the petitioner is sending inflated bills with regard to the diet supplied by him. Thereby, he is misappropriating large amount of funds. Consequently, in November, 2019, the Commissioner, Medical, Health, and Family Welfare Department, ordered an enquiry into the alleged scam. The Enquiry Committee submitted its Report in January, 2020, to the Director, Medical Education Department. According to the Report of the Enquiry Committee, not only was a scam of huge proportion discovered, but it also recommended that a detailed enquiry by a High Level Committee be carried out. But, despite the finding of the Enquiry Committee, and despite the expiry of the Diet Contract in March, 2020, the petitioner was continued as a diet contractor. Therefore, in the PIL, the petitioner therein prayed that the respondents therein should be directed to terminate the services of Mr. Suresh Babu as the diet contractor in the Niloufer Hospital.
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